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If a plant is declared to be a noxious weed it is illegal for a
landowner to allow it to grow on his or her property and the state may
issue an eradication notice if this is not complied with.
Papaver somniferum is classified as a narcotic plant, which makes
it illegal for anyone to cultivate the species, but there is no clarity
about the landowner's responsibility if a few (or even many) plants
establish themselves on a property without human intervention.
There is also no clear view on the responsibility of government agencies
to remove naturalised populations from public land, an issue that may be
significant for Papaver somniferum as the majority of the
records for this species in Victoria are within national parks or flora and fauna reserves
(the plant in the photograph above was in the Alpine National Park).
When the legality of botanical drugs is discussed it is common for only
three species to be listed as narcotic plants; Papaver somniferum,
Cannabis sativa and Erythroxylon coca (a South
American shrub which is the natural source of cocaine). Cannabis is
a declared noxious weed in Victoria but is not really a naturalised
alien as most places that it is found in native vegetation are
opportunistic plantations. Erythroxylon is neither a naturalised
alien nor a declared noxious weed (it is in NSW) and it is doubtful that
the species is grown domestically in very many places in this state.
Despite the variation and possible confusion that the differing levels
of legal responsibility relating to these species holds there is no
doubt that it is illegal to cultivate any of them because they are
considered to be narcotic plants. There are, however, other
narcotic plants which are not covered by any legislation.
The Canary Grasses (Phalaris spp.) were introduced into
Victoria from Europe in the late 1800s as a source of hay. They
have become well established across the state in all regions except the
far north-west and the eastern highlands and are still valued as a
fodder crop. In more recent times it has been discovered that
Phalaris aquatica (the commonest species in Victoria) has
interesting pharmacological properties; its leaves contain the alkaloid
dimethytryptamine (DMT) which is a prohibited psychotropic narcotic with
similar properties to psilocybin, the active ingredient in so-called
'magic mushrooms' (Psilocybe spp.). The large numbers of
DMT extraction recipes now available on the web has lead to a world-wide
cottage industry in this potentially dangerous drug and Australian
amateur chemists have been quick to recognise the value of Phalaris
as an inexpensive source.
DMT is present in many species of plants as tryptamines are thought
to be natural insecticides. The first extraction of DMT from a
plant was in the 1940s when a Brazilian botanist detected it in the
roots of a South and Central American shrub, Mimosa tenuiflora.
It was almost certainly this discovery that lead Australian chemists to
look for DMT in a number of species of Acacia (closely related
members of the Mimosaceae) which met with success in the case of
Acacia maidenii and Acacia phlebophylla, both of which are
rare Victorian native species that are listed under the Flora and Fauna
Guarantee Act (FFG).
There is no law to prevent the propagation of Acacia maidenii
and Acacia phlebophylla, as neither are listed as narcotic
plants, despite having much higher concentrations of DMT than most
species. However, the fact that both are protected under FFG
legislation and their populations are contained wholly within national
parks, means that it is illegal to collect any part of the plants,
including seeds, without permits - and permits for these species are
very hard to come by.
© Paul Gullan, Viridans Biological Databases
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